decisions in analogous cases in England at that earlier period when the British development was at about the same stage of maturity as the current American situation, testify unequivocally that the common run of trade-union action is at variance with the natural-rights foundation of the common law. Trade-unionism denies individual freedom of contract to the workman, as well as free discretion to the employer to carry on his business as may suit his own ends. Many pious phrases have been invented to disguise this iconoclastic trend of trade-union aims and endeavors; but the courts, standing on a secure and familiar natural-rights footing, have commonly made short work of the shifty sophistications which trade-union advocates have offered for their consideration. They have struck at the root of the matter in declaring trade-union regulations inimical to the natural rights of workman and employer alike, in that they hamper individual liberty and act in restraint of trade. The regulations, therefore, violate that system of law and order which rests on natural rights, although they may be enforced by that de facto law and order which is embodied in the mechanical standardization of the industrial processes.
Trade-unionism is an outgrowth of relatively late industrial conditions and has come on gradually as an adaptation of old methods and working arrangements carried over from the days of handicraft and petty trade. It is a movement to adapt, construe, recast, earlier working arrangements with as little lesion to received preconceptions as the new exigencies and the habits of thought bred by them will permit. It is, on its face, an endeavor of compromise between received notions of what "naturally" ought to be in matters of industrial business, on the one hand, and what the new exigencies of industry demand and what the new animus of the workman will tolerate, on the other hand. Trade-unionism is therefore to be taken as a somewhat mitigated expression of what the mechanical standardization of industry inculcates. Hitherto the movement has shown a fairly uninterrupted growth, not only in the numbers of its membership, but in the range and scope of its aims as well; and hitherto it has reached no halting-place in its tentative, shifty, but ever widening crusade of iconoclasm against the received body of natural rights. The latest, maturest expressions of trade-unionism are, on the whole, the most extreme, in so far as they are directed against the natural rights of property and pecuniary contract.
The nature of the compromise offered by trade-unionism is shown by a schedule of its demands: collective bargaining for wages and employment; arbitration of differences between owners and workmen; standard rates of wages; normal working day, with penalized regulation of hours for men, women, and children; penalized regulation of sanitary and safety appliances; mutual insurance of workmen, to cover accident, disability, and unemployment. In all of this the aim of unionism seldom goes the length of overtly disputing the merits of any given article of natural-rights dogma. It only endeavors to cut into these articles, in point of fact, at points where the dogmas patently traverse the conditions of life imposed on the workmen by the modern industrial system or where they traverse the consensus of sentiment that is coming to prevail among these workmen.
When unionism takes an attitude of overt hostility to the natural-rights institutions of property and free contract, it ceases to be unionism simply and passes over into something else, which may be called socialism for want of a better term. Such an extreme iconoclastic position, which would overtly assert the mechanical standardization of industry as against the common-law standardization of business, seems to be the logical outcome to which the trade-union animus tends, and to which some approach has latterly been made by more than one trade-unionist body, but which is, on the whole, yet in the future, if, indeed, it is to be reached at all. On the whole, the later expressions go farther in this direction than the earlier; and the animus of the leaders, as well as of the more wide-awake body of unionist workmen, appears to go farther than their official utterances.
A detail of trade-union history may be cited in illustration of their attitude toward the natural-rights principles that underlie modern business relations. As is well known, trade-unions have somewhat consistently avoided pecuniary responsibility for the actions of their members or officials. They avoid incorporation. Practically an employer has had no recourse in case he suffers from a failure on the part of his union workmen to live up to the terms of an agreement made with the union. In English practice this exemption from pecuniary responsibility has acquired much of the force of law, and indeed was supposed to have gained the countenance of statutory enactment, until, within the past few months, the so-called Taff Vale decision of the House of Lords reversed the views which had come to prevail on this head. This decision, by the most conservative tribunal of the British nation, is too recent to permit its consequences for trade-unionism to be appreciated. But it seems fair to expect that the question which the decision brings home to the unions will be, How is this court-made pecuniary responsibility to be evaded? not, How is it to be lived up to? Patently,145 the decision is unexceptionable under common law rules; but, also patently,146 it broadly traverses trade-union practice and is wholly alien to the attitude of the trade-unionists.147
The animus shown by the trade-unionists in this shirking of pecuniary responsibility is characteristic of their attitude toward common law rules. The unions and their methods of work are essentially extra-legal. It is only reluctantly, as defendants if at all, that unions are accustomed to appear in court. When they make a move for statutory enactment, as for the enforcement of a normal day or of sanitary and safeguarding regulations, it is prevailingly to criminal law that they turn.
To all this it might, of course, be said that the workmen who make up the trade-union element take the course indicated simply because their selfish interest urges them to this course; that their common necessities and common weakness constrains them to stand together and to act collectively in dealing with their employers; while the fact that their demands have no standing in court constrains them to seek their ends by extra-legal means of coercion. But this objection is little else than another way of saying that the exigencies forced upon the workmen by the mechanically standardized industrial system are extra-legal exigencies - exigencies which do not run in business terms and therefore are not amenable to the natural-rights principles of property and contract that underlie business relations; that they can therefore not be met on common law ground; and that they therefore compel the workmen to see them from another point of view and seek to dispose of them by an appeal to other principles than those afforded by the common law standpoint. That is to say, in other words, these exigencies which compel the trade-unionists to take thought of their case in other terms than those afforded by existing legal institutions are the means whereby the discipline of the machine industry is enforced and made effective for recasting the habits of thought of the workmen. The harsh discipline of these exigencies of livelihood drives home the new point of view and holds the workmen consistently to it. But that is not all that the mechanical standardization of industry does in the case; it also furnishes the new terms in which the revised scheme of economic life takes form. The revision of the scheme aimed at by trade-union action runs, not in terms of natural liberty, individual property rights, individual discretion, but in terms of standardized livelihood and mechanical necessity, - it is formulated, not in terms of business expediency, but in terms of industrial, technological standard units and standard relations.
The above presentation of the case of trade-unionism is of course somewhat schematic, as such a meagre, incidental discussion necessarily must be. It takes account only of those features of trade-unionism which characteristically mark it off from that business scheme of things with which it Comes in conflict. There are, of course, many survivals, pecuniary and others, in the current body of trade-union demands, and much of the trade-union argument is carried on in business terms. The crudities and iniquities of the trade-union campaign are sufficiently many and notorious to require no rehearsal here. These crudities and iniquities commonly bulk large in the eyes of critics who pass an opinion on trade-unionism from the natural-rights point of view; and, indeed, they may deserve all the disparaging attention that is given them. Trade-unionism does not fit into the natural-rights scheme of right and honest living; but therein, in great part, lies its cultural significance. It is of the essence of the case that the new aims, ideals, and expedients do not fit into the received institutional structure; and that the classes who move in trade-unions are, however crudely and blindly, endeavoring, under the compulsion of the machine process, to construct an institutional scheme on
